In Arkansas Dept. Health and Human Services v. Ahlborn, 547 U.S. 268 (2006), Heidi Ahlborn suffered severe and permanent injuries at age 19 as a result of an automobile accident. She was left partially brain damaged and unable to complete her education. Medicaid determined she was eligible for benefits and paid providers $215,645.30 on her behalf. Later, […]
A personal injury victim tried to make an end-run around MSP by having payment go directly to the victim. The trial court approved the settlement structure, but it was appealed. The case was reversed since “Liberty Mutual exposes itself to paying off Tripp’s Medicare lien in the event Tripp herself does not. Leaving Liberty Mutual […]
Plaintiff’s daughter sued the nursing home after it asked EMTs to revive Doris Lee; Ms. Lee had a DNR. There were legal deformities and contradictions in three separate DNRs executed between 1996 and 2002. “The record was clear that Mrs. Lee had been under the care of several physicians and had several close calls with […]
Prior to filing suit, Plaintiff opened an estate for resident in Tallahatchie County. After the suit was filed, Defendants filed a motion to render appointment of the administrator void ab initio, contending the estate should have been filed in Leflore county. Plaintiffs then filed a petition for the appointment of an administrator in Leflore county […]
The wife was a personal representative of the husband’s estate. The husband was killed in a vehicle collision. Medicaid paid $168,691.58 in medical expenses and had an automatic lien. Medicaid filed its lien with the Court alleging a right to full payment. After the wrongful death action was brought, the case settled for $900,000, plus […]
Beverly Tutinas’s husband, Julian, was on Medicaid, but she was not. When Beverly died owning a home valued at $69,641.89 and a car worth $2,000, the State of Illinois filed a claim against Beverly’s estate, seeking to recover what Medicaid had invested in Julian’s care. The court found that, although the State clearly had a […]
When contrasted with Hines and Smith, a different result was reached where the legislature had re-written the property code. In 1993, Jack Willingham transferred certain real property to his son, reserving a life estate. In 1997, he applied for medical assistance from the state, which he received until his death in 2002. There, a 1995 […]
Effective January 1, 2021, Georgia HB 865 (Act 508), amended the Georgia Probate code. Now, if you prepare a written statement or list disposing of tangible personal property (a “who gets what” list), it can be incorporated into your will by reference. That means that if there is a dispute concerning tangible personal property, the […]
The Special Needs Alliance (SNA) is a national organization comprised of attorneys committed to the practice of disability and public benefits law. Individuals with disabilities, their families, and their advisors rely on the SNA to connect them with nearby attorneys who focus their practices in the disability law arena. The SNA is an invitation-only organization. […]
On July 5, 2016, in Doctors Hospital of Augusta v. Alicea, 299 Ga. 315 (2016), the Georgia Supreme Court affirmed lower court decisions denying a motion for summary judgment. In doing so, the Court interpreted the Georgia Advanced Directive Act, O.C.G.A. § 31-32-1 et seq., holding that it is the will of the patient or […]
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